International Crimes and International Criminal Law - 550 Words

International Crimes and International Criminal Law (Essay Sample) Content: International Crimes and International Criminal LawTerm Paper:Date:Words:Student Name:Institution:IntroductionThis paper is a literature review in the study of international law. The motive behind this process is uncovering measures in which the international law stipulates and the ways in which states which are party to the body has adopted these laws. There is detailed coverage of the extent to which the law embraced by the different parts binds these parties and the repercussions which befall those in violations of the rules and if there is an existence of instances of impunity. This paper endeavors to cover various measures that are in place along with the institutions that are meant to implement and carry out the necessary steps of each state. There is also an in-depth cover of the evolution of ideas regarding measures and precautions are taken to perform a given stringent measure. The UN is the main governing body relating to the welfare of nations around the w orld, and its obligation is to act as an oversight authority that oversees the ways in which nations conduct affairs regarding the safeguard all fundamental human rights. The paper also covers the role of the rule of law to the various states and role the legal service and lawyers. There is also a keen observation of the role in which the International Relation and the international law playing interdisciplinary scholarship.There are various reasons for reviewing the international obligations and governing institution. First, there is an issue concerning the legalistic character in invoking international law for the sake of making morally right judgments and setting policy recommendations. The law must be implicitly morally stringent and must be objective, clear and impartial. Each sphere of the law is presumed to be under a form of codification for it to be relevant and to be invoked, applied, inferred in the inevitable deductive conclusion and the issuance of condemnation. On t he other hand, writers are writers must show in their content regarding the field of law the optimality, legality, and morality of the legal topics in which they handle. Morality is that which is right and optimality aiming at reaching the best outcome by taking into consideration all aspects of a given matter.Since time immemorial, there has been the commission of crimes across the world. However, as the sages go, actions have consequences. These criminal occurrences do not go unpunished in some ways by those in powers or in a position to do so. However, the wording criminal may vary regarding meaning or perception depending on a particular society. In the many 18th and 19th century kingdoms, a king or chief could instruct killing of a person and this was not criminal. Also, those who participated in slave trade did so because it was presumably lawful at that time. The word criminal is relative depending on society or a given period of history.[European Association of Psychology, L aw, Psychology, Crime Law (Amsterdam: Harwood Academic Publishers, 2012] Before the formation of an international body to deal with matters of international peace, the world was man eat man society. The common regulations were what the scholars define as the law of the jungle. As long as a particular country had the capacity to fight and take resources of another weaker country, it could comfortably mobilize its force and attack at will, the way German did to France in 1871. The League of Nations was the first international body to be mandated to be the custodian of an agreed international law which was the first great achievement. The paper will help different scholars, both law students, historians and the general public learn how international crimes are committed, how they look like and the role of the international law in curbing such criminal occurrences. Scholars can refer and enquire more about international law and international criminal law from different writers while at the same time give the researcher a chance to criticize or agree with the ideas propounded.[Topics Entertainment (Firm) the United States and National Archives (U.S.), WWII, War in Europe. Volume I Volume I (Renton, WA: Topics Entertainment, 2008)] [Sean D. Murphy, Principles of International Law (St. Paul, MN: Thomson/West, 2006)] Mirjan Damaska, the writer of the "what is the point of International Criminal Justice?" holds that international law is practiced and applied in the International Criminal Court. The writer believes that any criminal offense, more so an international crime qualifies to be punished to a grand scale. However, the writer laments that full justice is never and has never been done since the launch of the International Criminal Court and started handling international crimes. The injustice mostly because of inadequate collection and gathering of evidence. The shreds of evidence provided may also be extremely inhumane or extreme which affects the verdict give n by the bench handling the matter. The pieces of evidence may disrupt their conscience hence impairs or disrupts the merit of decision and verdict they will deliver. The judges are also forced to work under time constraints which might allow for proper consultation of the relevant law and the consultative verdict. The haste may make them make an immature judgment as a result of less time to analyze evidence provided.[MirjanR. Damaska, "Yale Law School Legal Scholarship Repository," What is the Point of International Criminal Justice? 1 (January 2008)] To some metrics, it is in strongly attested by Mirjan Damaska. For example, in Rwanda where a genocide that killed about a million people took place, it took long to arrest and jail a single suspect. Furthermore, a good number of politicians and perpetrators who participated in the killings and are still free. There was also the distortion of some evidence by some of the accused so as not to be used against them to the extent that the ICC could not use or access it. In Yugoslavia, there was a mass killing of people killed which was sensitive, but the case was not successful at the ICC. If the International law was well applied and is under genuine people, why all these unfairness. Illegal groupings that amount to be called terrorists such as Al-Shabaab and ISIS, AIquaida and Boko Aram have been committing crimes against humanity while international law agents and experts watch. However, the ICC has been toothless enough to capture the perpetrators. The International Criminal Law aims at prevention of illegal activities, but the activities have all been in vain. Human beings will always find themselves committing crimes such a murder and enslavement as long as there are conditions that facilitate such occurrences. There can be a comparison between International law to religion or deception that will promise people better feature while at the same time giving them hope and giving warning to those are intending to commit more crimes that judgment will soon meet them. It spreads the ideology of discipline responsibility and a sense of guilt if one commits the well specified and unambiguous laws as lay down by the international law and the executing body which is the international criminal court. When the law breaker is subjected to the international law, several procedures take place. An accused person goes through judicial activities starting from investigations of the crime to questioning and subjecting him/her to mental stress. Also, intertwinement brings healing to those offended. The offender is also made responsible his carelessness is exposed to the world to see. The process brings fear to other people who might be planning to commit such acts. Such criminals will have to think twice before indulging in a criminal offense of similar caliber.Also, it is worth taking a look at the internationally agreed meaning of crime and internal criminal law perspective. According to the United Nation s, an international crime is any act that violates international law in extremes. These violations may appear in the form of genocides, war crimes which involve breaking war conventions, torture and enforced disappearances, piracy, slavery aircraft hijacking are good examples of international crimes.On the other side of the coin, the internal criminal law under logical sense is an organized body tailored to deal with actions that are considered international crimes and fix the perpetrators accordingly. These acts range from crimes of aggression to genocides.[Nikos Passas, International Crimes (Aldershot, Hants, England: Ashgate/Dartmouth, 2013)] It is of a necessity to take a look at the international laws, to conceptualize its applicability. Firstly, the way in which various legal systems are corresponding to the optimal and moral requirements. Therefore it is a necessity to consider the given statutory applications that might override others. Therefore the legal standpoint is tha t law should always be having an interpretation in its ordinary sense and the law mostly includes intentional ambiguity. Secondly, on the side of having to conceptualize the increasing interest in the global spectrum, there is the perception that international relation and international law is the inter-subjective or the observed phenomena representing these varied disciplines. The real divergence in the international system is more or less to be normative versus positive and law versus politics. There is the need for the development of genuine theoretical and practical insights. The unity of lawyers around the world can, therefore, bring the needed unity to voice out the need for a collaborative research agenda. Thirdly, the recognition of international law as being applicable to the national societal law is necessary for an effective international legal system. There is a need to bolster recognition of the international rule of law in fabricating ...

The Effects Military Deployment Has On Marital Relationships.

The Effects Military Deployment has on Marital Relationships Meghan GaNung Indiana University of Pennsylvania Abstract This research paper provides a theoretical perspective on the effects that military deployment has on marital relationships. The background section investigates the five different military branches, what stressors are involved for those in military relationships, and a brief history of what military relationships were like in the past. In the literature review, readers will explore research studies that have been conducted in the past five years that pertain to military couples. There are three themes that will be pointed out throughout the literature review; the psychological effects deployment has on†¦show more content†¦Other effects of low relationship satisfaction can be caused from the individuals experiencing anxiety and or depression. Over 25% of military personnel look for professional care due to these diagnostics (Trump, Lamson, Lewis, 2015). An individual experiencing mental distress does not have the energy to work on a difficult relationship. It is important t o conduct more research on military romantic relationships to bridge the gap between what is known and unknown. This information can help prepare military couples for the changes that will occur in their lives and help the couple to better understand the impact deployment has on their relationship. Military marriages are falling apart for reasons that can be easily fixed with external support. Community resources are available to aid military spouses while they are dealing with the separation. However, these resources are not being used as they should. There are plenty of spouses that would benefit from the outside aid, the issue comes into play that they don’t know about them. Informing research to help prepare the couple for their distant relationship to military couples can bridge the gap between these communication barriers the couples experience. Background Military The United States military employs nearly 1.5 million soldiers. The military is broken down into five different branches,Show MoreRelatedEssay On Family Disorder In Veterans1033 Words   |  5 PagesParticipants included over 300 veterans with ages ranging from in their twenties into their seventies years old. Some of the participants had history of combat experience, some with no combat experience, and some with some other kind of military trauma. Relationship and family status ranged from married, single, widowed, divorced, or never married. This study took this information and evaluated whether family functioning had significance throughout the whole process of the veteran’s treatment planRead MoreThe Deployment Of Military Personnel964 Words   |  4 Pagesthere was over 1.4 million active duty U.S. military personnel, of which approximately half have a spouse and/or children (Department of Defense, 2014). Once deployment orders are received, these servicemen and women must say goodbye to their loved ones for up to fifteen months. During this time of separation, these families will go through dramatic changes in an effort to make up for the absence of a spouse and/or parent. The deployment of military personnel adversely affects their families byRead MoreThe Deployment Of Military Personnel847 Words   |  4 Pagesmember of the U.S. military gets deployed? At the end of 2013, there were over 1.4 million active duty U.S. military personnel, of which approximately half have a spouse and/or children. Once deployment orders are received these servicemen and women must say goodbye to their loved ones for up to fifteen months. During this time of separation, the families will go through dramatic changes in an effort to make up for the absence of a spouse and/or parent. 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What I Learned in the Course of Spiritual Life and Growth

I have learned to live my life through trial and error; I believe mistakes should be accepted without regret. I didnt always think in this manner, I originally was a perfectionist. I strived to be the best at everything I did and it stunted my growth in life for quite some time. After I understood the value of my life, I realized the key was to live genuinely; to live for a purpose that was not only important to myself, but to others as well. I was not taught morality, I had to learn it the hard way. The course, Spiritual Life and Growth, has taught me morality to some extent. On the first week of attending Spiritual Life and Growth, I decided to take a break from my commission based job for a few years; I understood the consequences- if I did not sell I did not earn. I began to cleanse myself, by answering the questions, â€Å"Who am I? 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Analysing the behaviour of captain de koster using structure and agency debate free essay sample

Structure and agency debate provides an understanding of the actions and attitudes of an individual. This essay will be critically analyzing and discussing the attitude and actions of Captain Louis De Koster and how structure-agency debate can help us understand them. It will further go on to unpack the influence that structural or agency factors has on De Koster in the police department. Structure is the network of recurring patterns in which people behave in routine situations (Van huyssteen, E. 2003). Moreover; it consists of social factors and institutions that influence the individual’s capacity to act such as family, schooling, religion, economy and sets of norms and values. (Van huyssteen, E. 2003). Agency is the ability of an individual, to act and make choices about what happens in their live as well as to make sense of the environment they are in(Van huyssteen, E. 2003). The structure-agency debate argues and questions if the decisions made by individuals are really what they want or if it’s influenced by society and its institutions. We will write a custom essay sample on Analysing the behaviour of captain de koster using structure and agency debate or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page According to Giddens,the debate can be contrasted with the â€Å"nature versus nurture† debate, which questions whether a person’s physiology (â€Å"nature†) or socialisation (â€Å"nurture†) predominates in the formation of an identity, because structure-agency debate may be understood as an issue of socialisation against autonomy in determining whether an individual acts as a free agent or in a manner dictated by social structure. In this extract, we are able to understand the negativity towards police work caused by structure. Captain Louis is always complaining and criticizing the police service because it is more of a norm in his working environment. â€Å" the process had also taught me that complaining was part of the organizational culture of the detective service. † (Altbeker, A. 2005:169). De Koster revealed his negative actions resulting from structure and its aspects such as race, gender politics and restructuring of police work. His attitude was generally contradicting with his actions because, he show commitment in what he does, he still performs his duties in the police service even though he describe it as being bitter, â€Å"half the time you think that management thinks it would be better if you packed your bags and fucked off† (Altbeker, A. 2005: ). His attitude depicts racism because he thinks that apartheid is repeating itself but its reverse this time- none of the promotion posts would be given to a white detective. Majority of the police officers in the police service were given high positions without being trained and that really made De Koster angry because he saw it being a racial discrimination, consequently it affected the way he performed his work- which made him not to have friends at work because of the racial differences (that did not stop him from going to work though). Although his attitude was of racism, he however showed dedicated to his work and wanted to get positive results because he knew that society expect policemen to do their jobs efficiently. He was negative and arrogant because he felt unwelcome in his working environment, like they did not want him around. Furthermore, his pride about being a policeman was fading away daily, in fact it was gone because they used to rub it in his face, telling him that he likes being a police and he is negative. The police had some sort of an illusion about how being a policeman is not just about the money and the career, â€Å" I was reflecting on what De Koster had told me about his disillusionment with policing as a career, and with the police service as his employer. His views were an echo of wailing and teeth-gnashing that I encountered amongst detectives-especially white detectives † (Altbeker,A. 2005:176). This shows that his actions were influenced by structure because even though he hated the system in the police service-he just had to comply because he wanted to do his job and fulfil his expectations as a police officer. In addition he was forced to remain in the police service because he knew about the unemployment rates out there. Structure constrained him to act in such a way that will be suitable and patterned between the elements of society, thus it made an overriding influence on his actions. Even though de Koster was on about how the organisation was falling apart, he was always there. He made a choice of sticking with the organisation and acted upon his choices because even though the weather was unfavourable (when it was raining and cold); he made a choice of doing his job. He was in Hillbrow looking for a suspect- John Sithole, instead of being at home sleeping. This indicates that even though he made choices, his actions were influenced by society’s expectation henceforth this is structure. In order for him to make sense of his actions and choices, he thought of commitment â€Å"†¦you must understand that just because I come to work, doesn’t mean that I do the work. Do it like I used to, I mean. In this game you have to be committed to do it properly, but the commitment isn’t there anymore† (Altbeker, A. 2005:173). His work is really important to him. Even though he felt unhappy and unwanted, he gave it his all to stay sympathetic and loyal to the police service. He was really dedicated to his work and in that sense, we understood his agency when he took the man from Berea aside, to tell him how important it is to help the police and how he would personally put in a claim for a reward. He made that choice because he really wanted to find John Sithole. He also made a choice of staying hopeful and believing in catching the bad guys out there. This can be seen when the reporter was asking him whether he thought the man would help if he found John Sithole and De Koster’s reply was â€Å"we can only hope, miracles do happen† (Altbeker, A. 2005:177). His positive attitude towards his work existed despite the bitter and unfavourable working conditions. He always showed commitment even when he was expected to be hopeless and downhearted, in addition he stayed at work and acted professionally around his colleagues even though they were not getting along because of racial differences -this is a signal of agency. Interplay of both structure and agency can be seen on the actions of this police officer. He entered into another man’s home and confronted him in his underwear in front of his children, bulling him with the authority of the law and taking him away. This is a norm in the police department so De Koster’s actions were influenced by structure in this case. He did what he had to do simply because he was expected to. I personally stand with structure in the structure-agency debate because even though agency exists, it is still influenced by structure. The choices we make are somehow influenced by what we see, hear and read about (society and its expectations). De Koster’s actions and choices were shaped by social factors in his working environment. Yes he made choices, but his actions resulting from those choices were influenced by structure. CONCLUSION From the above mentioned I therefore conclude by agreeing with Giddens (1979) that one cannot not choose between structure and agency, because â€Å"they are mutually dependant to each other rather than opposed. Structures are not repressive of the individual’s capacity to act, or agency, but rather provide a means by which individuals act and are also the outcome of those actions. † (Abercrombie et al, 1988: 245 in Van huyssteen, E. 2003:57).